Tentative deal to end LCBO strike on hold as province accuses union of introducing new demands

Restaurants, bars welcome reopening of LCBO One restaurant owner celebrated the reopening of the LCBO, saying the strike resulted in lost revenue and customers.

A tentative deal reached Friday between the Liquor Control Board of Ontario (LCBO) and the union representing its employees hangs in the balance as the two sides can't agree on the terms of a return-to-work protocol.

The LCBO accused the Ontario Public Service Employees Union (OPSEU) of introducing "significant new monetary demands" in the back-to-work protocol it submitted, something the union has disputed. The Crown corporation indicated that it would file an unfair labour practice.

"To introduce a new set of demands after reaching a tentative agreement amounts to bad faith bargaining," the LCBO said.

OPSEU President JP Hornick argued the document did not contain any new monetary demands beyond "standard language" that calls for members to be "made whole" for the days that they were not paid due to the strike.

On Friday evening, the LCBO said it had submitted an updated protocol with OPSEU that "focuses on returning workers safely."

"A return-to-work protocol is a draft document that is exchanged back and forth typically between employees and employer in order to outline exactly what that looks like. It is a normal process to ask for some acknowledgement that the workers took a huge hit in the strike, that they were forced out by circumstances, certainly, that may have even been beyond the LCBO's control in some manner," Hornick said in an interview with CTV News Channel Friday evening, acknowledging that OPSEU had received the Crown corporation's response.

Hornick hopes that the situation will "calm down a little bit" so that both sides can exchange proposals on how to get workers back to safety and reopen stores.

"I am cautiously optimistic that cooler heads will prevail, and we'll be able to get that done," Hornick said.

"I know that there's some dialogue back and forth now, and so I imagine that we should be able to get somewhere."

Also in their Friday evening statement, the LCBO released details of the signed agreement that include no retail store closures related to the expansion of alcohol during the duration of the new contract and a "non-binding, joint committee made up of union and management employees to work to determine the best implementation of the marketplace plans," which seems to resolve the union's primary point of contention at the bargaining table.

OPSEU has repeatedly asked the province and the LCBO to lay out in the new contract how they plan to address the revenue loss from the expansion of alcohol sales, especially ready-to-drink beverages.

Also contained in the tentative deal are wage increases over three years, including a three per cent raised in the first year; conversion of 1,000 casual employees to permanent part time; hiring of additional 60 permanent part-time employees; and improved access to benefits.

Deal was announced just before 1 p.m.

The LCBO announced the tentative agreement just before 1 p.m., and the union released a statement of its own approximately 30 minutes later, noting that the deal would "protect jobs in every community as well as public revenues generated by LCBO sales."

The OPSEU was scheduled to speak with reporters at 3 p.m. but instead OPSEU spokesperson Katie Arnup came out and informed those gathered at the Sheraton hotel on Queen Street that the availability would be delayed and that the "strike continues."

Hornick then held a press conference about an hour later to call on the province to return to the table.

"Everyone from this table wants to go back to work, but there is no agreement on how to do that. This (the return-to-work protocol) is how you resolve a strike. Let's get it done," Hornick said.

Hornick said the union submitted the return-to-work protocol to the LCBO on Friday morning and hadn't received a response even after the tentative deal was announced.

Hornick said similar language has been used in the last three strikes that the union has settled in Ontario.

"All three of the other settlements, for example, did actually indicate financial compensation for some of the days out on strike. But I am also going to tell you it's not a sticking point here. We put out a proposal, and what normally happens is the employer counters with their proposal, and then you find a resolution," Hornick said.

"If it is the LCBO's position that none of that should be compensated, then at least put that out so we can deal with it as adults across the table. I am not interested in bargaining in the media, frankly. We have been quiet for days trying to get this deal done. Let's continue with that trend. Let's get it done."

The abrupt change in tone from the union came moments after Finance Minister Peter Bethlenfalvy appeared on CP24 to express his excitement that the strike was poised to end.

The LCBO had previously indicated that the strike would formally end at 12:01 a.m. on Monday, pending ratification of the deal by OPSEU members. Stores would then reopen for in-person shopping the following day, it said.

"It is Friday, it is sunny and what a great moment to announce we have a tentative deal," Bethlenfalvy told CP24. "This is a good deal for the workers, and it is really good for our modernization moving forward. It is a good day for people who want more convenience and choice, so we are moving forward, and I am very excited."

LCBO stores have been closed since OPSEU members walked off the job on July 5.

Talks between the two sides resumed for the first time in nearly two weeks on Wednesday and in its statement earlier on Friday the LCBO said that a mediator was able to provide "invaluable assistance in helping the parties reach a tentative agreement."

"We recognize the disruption the strike caused for our employees, partners, and customers who rely on our services, and we thank everyone for their continued patience and understanding as we begin resuming regular operations," the LCBO said at the time.